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Thursday, 3 Nov 2016

Written Answers Nos 31-55

Lobbying Data

Questions (31)

Bríd Smith

Question:

31. Deputy Bríd Smith asked the Minister for Jobs, Enterprise and Innovation if she, her officials or any State agency that she is aware of have been lobbied or had representations made to them by any company or firm supported in any way by the IDA or Enterprise Ireland regarding the State's taxation regulations; and if she will make a statement on the matter. [33001/16]

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Written answers

As Minister for Jobs, Enterprise and Innovation, I and my officials regularly meet with client companies of IDA and Enterprise Ireland to discuss issues related to our economy, including the State’s commitment to a stable tax regime.

As the Deputy will be aware, legislation providing for the regulation of lobbying came into effect in September 2015. That legislation does not aim to prevent lobbying – which is a normal and important part of the democratic process – but to make it more open and transparent.

The Lobbying Act also provides for a publicly accessible register which obliges lobbyists to provide information about their activities. Any person involved in lobbying is required to register on a website which is maintained by the Standards Commission.

I should also make clear that as Minister for Jobs, Enterprise and Innovation I am considered a designated public official for the purpose of the Act. The Secretary-General and Assistant Secretaries General in my Department are also classified as such.

I as Minister, the Secretary General and the Assistant Secretaries of this Department are Designated Public Officials under the Lobbying Act, 2015.

The Act does not aim to prevent or inhibit lobbying. It does aim to make the process more transparent. The Act aims to do this by providing for:

- The establishment and maintenance of a publicly accessible register of lobbying

- The Standards in Public Office Commission (The Standards Commission) to be the regulator of lobbying

- Obligations on lobbyists to register and to provide information regularly about their lobbying activities, including, in the case of professional lobbyists, information about their clients

- A code of conduct on the carrying-on of lobbying activities

- The introduction of a “cooling-off” period during which lobbying activity may not be carried out by some former officials.

Action Plan for Jobs

Questions (32)

Thomas P. Broughan

Question:

32. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation the way in which her Department and the Government are evaluating the results of the Action Plan for Jobs of her predecessor; the new actions needed to carry forward that action plan; the key actions which remained unfulfilled when the current Government began; and if she will make a statement on the matter. [32889/16]

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Written answers

The Action Plan for Jobs is the Government’s key instrument to support job creation. The Action Plan for Jobs is working. More than 176,000 people are at work today than in 2012 when the first Plan was launched. 36,000 new jobs were created in the first six months of 2016.

While the Action Plan is a whole of Government approach to support job creation, I am responsible for developing the 2017 Plan. My priority is to deliver on this Government’s goal to help create 200,000 additional jobs by 2020, including 135,000 jobs outside Dublin.

The Action Plans are monitored on a quarterly basis. At the end of March 2016, 14 of 77 measures were delayed. All but 2 have since been completed. The delayed actions are a review of the appropriateness of the sub-minima rates which currently apply by the Low Pay Commission and the publication of the Foreign Languages Strategy by the Department of Education and Skills. It is expected that these actions will be completed by the end of the year.

I will be working with Ministerial colleagues to ensure that the 2017 Plan is ambitious and impactful and keeps us on track to deliver on our 2020 targets.

Trade Agreements

Questions (33)

Eamon Ryan

Question:

33. Deputy Eamon Ryan asked the Minister for Jobs, Enterprise and Innovation her plans to consent to provisional application of the Comprehensive Economic and Trade Agreement ahead of upcoming EU council meetings and the EU-Canada Summit. [30968/16]

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Written answers

The EU-Canada Comprehensive Economic Trade Agreement (CETA) represents a modern high standard Agreement which has the ability to set a new global standard for Trade Agreements. It will end limitations in access to public contracts, open up markets for services and offer predictable conditions for investors.

Irish firms will also benefit from the recognition of product standards and certification, thus saving on ‘double testing’ on both sides of the Atlantic. These are some of the benefits of the trade deal with Canada as well as providing new market opportunities in many sectors for Irish firms.

Given the position taken by Ireland and other Member States, the Commission submitted CETA to the Council for decision as a mixed Agreement. That is one requiring both EU and individual Member States ratification. As this process may take a number of years to complete the Agreement provides for provisional application. However, following a decision by the Council with the consent of the Parliament, it will be possible to provisionally apply CETA.

It is important to note that investment protection and investment dispute settlement provisions have been specifically carved out from the provisional application of CETA. This means these provisions will not come into being until voted for by the Dáil.

In addition to meet the political concerns of certain Member States, the Commission and Canada have agreed a Joint Interpretative Instrument to provide further assurances in relation to public services, labour rights and environmental standards and investment.

Accordingly, the Government supports provisional application as we are keen to see Irish firms enjoy the tariff free benefits and new business opportunities as soon as possible.

Industrial Relations

Questions (34)

Bríd Smith

Question:

34. Deputy Bríd Smith asked the Minister for Jobs, Enterprise and Innovation her plans to ensure companies and firms that are in receipt of State support from the IDA, Enterprise Ireland or any other body comply with the industrial relations laws and protections afforded to workers; and if she will make a statement on the matter. [32999/16]

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Written answers

All companies operating in Ireland, whether they are clients of IDA Ireland, Enterprise Ireland or any other State Agency, must comply with applicable employment legislation. Businesses that receive supports from the State therefore have the same obligations as any other company operating in Ireland when it comes to adherence to such legislation.

The Workplace Relations Commission (WRC) is the primary State body responsible for monitoring compliance with employment rights provisions. Its functions include the carrying out of inspections to ensure satisfactory employment conditions and adjudicating disputes in connection with employment legislation. Clients of State Agencies are, like other enterprises in the State, subject to WRC oversight and inspection.

Zero-hour Contracts

Questions (35)

Thomas P. Broughan

Question:

35. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation the current position of her Department on zero-hour contracts; the action she is taking to eliminate zero-hour contracts and to ensure stable conditions of work for workers here; and if she will make a statement on the matter. [32891/16]

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Written answers

My colleague, Minister Mitchell O’Connor, and I intend bringing forward proposals in this area for consideration by Government. In this respect, work is well advanced on developing a policy response to the University of Limerick (UL) study on zero hour contracts and low hour contracts. It should be remembered that the UL study found that zero hour contracts, as defined within current Irish employment rights legislation, are not extensively used in Ireland. It found low working hours can arise in different forms in employment contracts.

The policy response is being informed by the UL study itself and also the extensive material and practical examples provided by respondents to the public consultation conducted by my Department. Our proposals will address the issue of workers on low hour contracts who consistently work more hours each week but whose contracts do not reflect the reality of their hours. The proposals will also seek to ensure that employees are better informed about the nature of their employment arrangements and their core terms and conditions at an early stage in their employment. Furthermore, I intend to include provisions aimed particularly at low-paid, more vulnerable workers.

My Department is currently engaged in a dialogue process with ICTU and IBEC to secure broad agreement before proposals are finalised. This work is being progressed as expeditiously as possible.

Departmental Strategy Statements

Questions (36)

Thomas P. Broughan

Question:

36. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation if she will report on the recent public consultation by her Department on its statement of strategy 2016-2019; when she expects this strategy to be published; and if she will make a statement on the matter. [32888/16]

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Written answers

As part of the consultation process to inform the development of the Statement of Strategy for my Department, the Secretary General wrote to a targeted list of key stakeholders seeking input, suggestions and views regarding any strategic and cross Departmental issues that might be considered as part of this process. 52 specific stakeholders were consulted, representing a wide spectrum of areas of interest that are relevant across the broad remit of my Department. A notice inviting submissions from the general public was also placed, and is still available, on my Department’s website. The Secretary General also wrote to all other Government Departments, seeking their input. Responses received through these consultations are being considered in the development of the Strategy.

The Statement of Strategy will, of course, be also informed by the Programme for Partnership Government and particularly by priorities in the Programme, where lead responsibility has been assigned to my Department, as well as by other strategic priorities for my Department arising from its statutory remit.

I expect that a final draft of the Statement of Strategy will be submitted to the Department of the Taoiseach shortly, in advance of its formal submission to Government for information. The Statement of Strategy will then be laid before the houses of the Oireachtas, in accordance with Section 5(2) of the PSMA, 1997 and will be published thereafter.

Personal Injury Claims

Questions (37)

Niall Collins

Question:

37. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation her views on the review of the Book of Quantum by InjuriesBoard.ie; and if she will make a statement on the matter. [33008/16]

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Written answers

The revised Book of Quantum was published on 5 October 2016. The publication was compiled by independent consultants and commissioned by the Personal Injuries Assessment Board (PIAB).

The revised Book of Quantum is based on a detailed analysis of 51,000 closed personal injury claims from 2013 and 2014 and includes compensation awards from Court cases, insurance company settlements, State Claims Agency cases and data relating to awards of the Personal Injuries Assessment Board. It also contains more granular detail on injuries and new injury types and more narrowly defined compensation bands. The revised Book of Quantum constitutes solid research on prevailing levels of damages in personal injuries claims.

The Book of Quantum sets out the amounts that may be awarded or assessed in personal injury claims for workplace, public liability and road accidents. It does not set personal injury award levels. It reflects settlements arrived at by insurance companies, PIAB, the State Claims Agency and the Courts so that all stakeholders involved in settling personal injury claims have an independent reference guide when assessing claims. Therefore, this should not have any inflationary effect on insurance costs.

In order for the economy to grow, and maintain competitiveness, it is vital to address insurance costs. The Book of Quantum should allow for earlier settlement of claims and have a stabilising effect on compensation awards across the market. Universal application of the revised Book by all stakeholders will bring consistency in settlements. This should reduce the volume of litigation and help reduce the cost of insurance. This measure supports the work of Minister of State Murphy on the Cost of Insurance Working Group, aimed at tackling increasing insurance costs.

Interdepartmental Working Groups

Questions (38)

Thomas Pringle

Question:

38. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality the number of times the working group in respect of the roadmap on the implementation of the UNCRPD have met; the progress made to date in relation to the implementation process; and if she will make a statement on the matter. [33082/16]

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Written answers

The Interdepartmental Committee on the UN Convention of the Rights of Persons with Disabilities was reconvened in September 2014, and met four times to identify all barriers to Ireland’s ratification of the Convention and agree on legislative measures to overcome them. The result of this work was a roadmap to ratification, which was published on 21 October 2015 and which outlines the considerable legislative changes to be undertaken to enable Ireland to ratify the Convention, along with the estimated deadline of end-2016 for ratification. The Roadmap to Ratification, which is available on my Department's website, sets out the substantial legislative agenda required for ratification. Since publication of the Roadmap, work has continued on a bilateral basis between my Department and the other relevant Departments to progress each of the specific issues identified.

Considerable progress has already been made to overcome barriers to Ireland's ratification. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Bill 2015 commenced its second stage reading in the Dáil on 5 October. When enacted, the Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights. Achieving the necessary balance between those rights and ensuring appropriate protection is crucial.

Work is underway on drawing up an Equality/Disability (Miscellaneous Provisions) Bill to progress miscellaneous legislative amendments necessary to proceed to ratification. It is intended that the Bill will address issues such as the Convention's requirements in relation to reasonable accommodation and deprivation of liberty, as well as removing archaic references in existing legislation relating to mental health. The General Scheme of the Equality/Disability (Miscellaneous Provisions) Bill is available on the Department's website. I expect to publish the Bill shortly so as to facilitate ratification of the Convention by end-2016.

Workplace Relations Commission

Questions (39)

Clare Daly

Question:

39. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the reasons the Workplace Relations Commission is currently the agency dealing with cases of discrimination in the private rental market; and her views on the appropriateness of such. [33145/16]

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Written answers

As indicated in my previous reply to the Deputy's Question (Question 138 of 18 October last), the functions of the former Equality Tribunal (both in relation to discrimination regarding employment and in the provision of services) became the functions of the Workplace Relations Commission (WRC) on the merger of the Equality Tribunal and other bodies to form that Commission. I regard as appropriate that the WRC should continue to deal with the full range of issues relating to discrimination. This includes alleged discrimination in relation to the provision of Housing Assistance Payment and rent allowance as provided for in the Equality (Miscellaneous Provisions) Act 2015. I do not propose to change those arrangements. It is important to understand that there will be no relationship of landlord and tenant between the parties in a case where a prospective tenant alleges discrimination on the basis of being or not being in receipt of either of the payments specified and the Residential Tenancies Board would therefore not be the appropriate body for such cases.

Members of the public may obtain advice from the Irish Human Rights and Equality Commission if they feel that they have been discriminated against contrary to equality legislation, including advice on how to take a claim to the WRC, which provides a free and accessible adjudication service.

Property Registration Authority Administration

Questions (40)

Clare Daly

Question:

40. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if the Property Registration Authority has an obligation in registering property titles to ensure that physical property and title documents are at one, that is, that all titles are registered as conclusive rather than an opt-out being used throughout indicating the legal title deed is non-conclusive. [33160/16]

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Written answers

I can inform the Deputy that the registration of property in the Land Registry is governed by Registration of Deeds and Title Acts 1964 and 2006 and the Land Registration Rules 2012-2013.

Section 85 of the Registration of Title Act 1964 as amended by Section 62 of the Registration of Deeds and Title Act 2006 provides that “Registered land shall be described and identified by reference to the registry maps concerned in such manner as may be prescribed” and “ except as provided by the Act, neither the description of land in a register nor its identification by reference to a registry map is conclusive as to its boundaries or extent.”

Section 31 of the Registration of Deeds and Title Acts 1964 and 2006 states that “The register shall be conclusive evidence of the title of the owner to the land as appearing on the register …”.

Therefore, while the boundaries are not conclusive (Section 85, as amended), the legal title (ownership) of a property registered in the Land Registry is conclusive (Section 31). The existing non-conclusive boundary model has been in operation in Ireland since 1892. I also refer the Deputy to the reply to her Question No. 50 of 20 October 2016.

Garda Deployment

Questions (41)

Catherine Murphy

Question:

41. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the arrangements she has in place for Dublin Airport and regional airports in the event of the withdrawal of services and labour by An Garda Síochána; and if she will make a statement on the matter. [33070/16]

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Written answers

The Deputy will appreciate that I remain hopeful that the threatened withdrawal of service and labour by members of An Garda Síochána does not go ahead tomorrow. In any case, as part of the contingency planning that is being put in place the intention is that Garda immigration units will continue to operate.

Immigration Data

Questions (42)

Eoin Ó Broin

Question:

42. Deputy Eoin Ó Broin asked the Tánaiste and Minister for Justice and Equality the number of adults and children who remain in direct provision after receiving their stamp four leave to remain; if her attention has been drawn to the fact that the Reception and Integration Agency is now threatening these persons with eviction with the potential for them to become homeless; if her attention has further been drawn to the very real difficulties these persons are having in accessing private rented accommodation; the supports she plans to put in place to assist these persons in making the transition from direct provision; and if she has discussed this matter with the Minister for Housing, Planning, Community and Local Government in order to co-ordinate the efforts of both Departments to prevent these persons from becoming homeless. [33134/16]

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Written answers

The Reception and Integration Agency (RIA) has never threatened to evict any persons from its accommodation centres who have been granted leave to remain or any other form of status.

In terms of the number of persons in RIA accommodation who have been granted some form of status, there are in the region of 500 such persons among the 4,200 residents across the system. This number fluctuates based on the numbers of status grants and the movement of such persons into private accommodation over time. RIA, its centre managers, the Community Welfare Service (including Rent Supplement), Citizens Information and those City and County Councils operating the Housing Assistance Payments link with such persons in accessing the appropriate supports and services, including in respect of sourcing and securing private accommodation.

Following on from the McMahon Working Group Report, the Department of Justice & Equality developed a Guide to Independent Living for persons with status to provide practical assistance for them. The Guide is available in all centres and has been published on the RIA website (www.ria.gov.ie) in a number of different languages. This was published in parallel with information sessions coordinated by the Citizens Information Bureau in accommodation centres which gave an opportunity for such persons to seek assistance and clarification on the services provided.

Once some form of status is granted, residents cease to be ordinarily entitled to the accommodation supports provided through the Reception and Integration Agency. Notwithstanding this fact, RIA have always continued to provide such persons with continued accommodation until they secure their own private accommodation. RIA are particularly mindful of the reality of the housing situation in the State and the pressures on the Community Welfare Service in respect of Rent Supplement or the City and County Councils in respect of Housing Assistance Payments and Housing Lists. That said, the State has been criticised for the length of time persons spend in Direct Provision and accordingly, we must all work together to transition persons granted status out of the system as quickly as possible.

Immigration Data

Questions (43, 44)

Thomas P. Broughan

Question:

43. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of persons currently in direct provision per county, per age group under 18 years of age, 18 to 35, 36 to 50, 51 to 65, 65 and over; the number of persons per country and per age group, who have moved out of direct provision in 2016; and if she will make a statement on the matter. [33165/16]

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Thomas P. Broughan

Question:

44. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of persons still living in direct provision per county and per age group under 18 years of age, 18 to 35, 36 to 50, 51 to 65, 65 and over despite having being granted official status; and if she will make a statement on the matter. [33166/16]

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Written answers

I propose to take Questions Nos. 43 and 44 together.

The Deputy will be aware that the State has a solemn obligation to protect the identity of those in the protection process as set out in Section 19(1) of the Refugee Act 1996 (as amended). Providing the level of detail that has been requested by the Deputy could lead to individuals in the protection process being inadvertently identified which would result in the State being in breach of their obligations in this regard.

The Reception and Integration Agency (RIA) publish monthly statistics and the latest available statistics (as of the end of September 2016) are shown below.

Approximately 1,900 persons have left State provided accommodation in the year to date. Some have done so because they have been granted permission to remain in the State and some may have done so for personal reasons - there is no obligation on any person to remain in State provided accommodation.

There are in the region of 500 persons resident in State provided accommodation with some form of permission to remain in the State. While such residents cease to be ordinarily entitled to accommodation supports provided by RIA, RIA have always continued to provide such persons with continued accommodation until they secure their own private accommodation. RIA are particularly mindful of the reality of the housing situation in the State and the pressures on the Community Welfare Service in respect of Rent Supplement or the City and County Councils in respect of Housing Assistance Payments and Housing Lists. That said, the State has been criticised for the length of time persons spend in Direct Provision and accordingly, the various relevant State bodies must all work together to transition persons granted status out of the system as quickly as possible.

RIA Accommodation numbers as at 25 September 2016

Accomodation Centres

COUNTY

CENTRE NAME

ADDRESS

OCCUPANCY

Clare

Knockalisheen

Meelick

185

Cork

Ashbourne Hse

Glounthaune

60

Kinsale Road*

Cork City

181

Glenvera

Wellington Road

100

Millstreet

Millstreet

206

Clonakilty Lodge

Clonakilty, Co. Cork

72

Dublin

The Towers

The Ninth Lock, Clondalkin, D.22

201

Georgian Court

77-79 Lr Gardiner St. Dublin 1

57

Staircase

21 Aungier Street, Dublin 2

21

Hatch Hall

28 Lower Hatch Street, Dublin 2

119

Galway

Eglinton

The Proms, Salthill

166

Great Western House

Eyre Square

129

Kerry

Atlas House (Killarney)

Killarney

58

Atlas House (Tralee)

Tralee

104

Johnston Marina

Tralee

53

Park Lodge

Killarney

39

Kildare

Eyrepowell

Newbridge

60

Laois

Montague

Emo, Portlaoise

181

Limerick

Hanratty's

Glentworth Street, Limerick

91

Westbourne

Dock Road

80

Mount Trenchard

Foynes, Co. Limerick

64

Longford

Richmond Court

Richmond Street, Longford

64

Mayo

The Old Convent

Ballyhaunis

148

Meath

Mosney

Mosney

579

Monaghan

St. Patricks

Monaghan

164

Sligo

Globe House

Chapel Hill

147

Tipperary

Bridgewater House

Carrick-On-Suir

27

Waterford

Atlantic House

Tramore, Co. Waterford

68

Ocean View

Tramore, Co. Waterford

61

Birchwood

Ballytruckle Road

108

Viking House

Coffee House Lane

64

Westmeath

Athlone

Athlone

207

Total

3864

Self Catering Accommodation

COUNTY

CENTRE NAME

ADDRESS

OCCUPANCY

Dublin

Watergate House

11-14 Usher's Quay, Dublin 8

50

Louth

Carroll Village

Dundalk

43

Total

93

Reception Centre

COUNTY

CENTRE NAME

ADDRESS

OCCUPANCY

Dublin

Balseskin

St. Margarets, Finglas, Dublin 11

252

Total

252

Overall Total

4209

Direct Provision System

Questions (45)

Thomas P. Broughan

Question:

45. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality her proposed improvements to direct provision services here, including access to services such as legal advice clinics, and so on; when these improvements will be in place; and if she will make a statement on the matter. [33167/16]

View answer

Written answers

The Report of the Working Group on Improvements to the protection process including Direct Provision and Supports to Asylum Seekers provides a template for the development and improvement of a wide range of services being delivered to those seeking international protection.

One of the key recommendations of the Report was the introduction of a single application procedure in the protection process. The International Protection Act 2015 provides for such a procedure. My Department is currently preparing all of the steps necessary to commence the Act which responds to some 26 of the Working Group’s recommendations and can be expected to positively address the crucial issue of the length of time that applicants spend in the protection process and by extension in the Direct Provision system.

On this particular point, significant efforts have been made to deal with those who are longest in the system and at this stage the vast majority of those who are over 5 years in the system and who do not have any impediments to progress, such as pending judicial challenges, have now had their cases processed to completion. This has been a key achievement that has had a real impact on many people and families in the protection process.

A transition Task Force was established in 2015 and put in place important supports to facilitate people with status to integrate into the community. The Task Force reported that 87% of people granted status had moved into the wider community within six months.

Tangible progress in improving the daily lives of asylum seekers living in Ireland while their application is being processed is also being made. In January last, the former Tánaiste announced an increase to the Direct Provision Allowance for children, the first such increase since the introduction of the payment some sixteen years ago. Prescription fees for all those in receipt of the Direct Provision allowance, including children, have also been waived. The Minister for Education and Skills has also announced a second year of their pilot support scheme for students in the protection system for the academic year 2016/2017.

The Reception and Integration Agency (RIA) of my Department, which is responsible for the management and administration of accommodation and ancillary services to protection applicants in state provided accommodation, is actively progressing the implementation of other recommendations in the Report around access to cooking facilities and the increase in living space for those who avail of State provided accommodation. Pilot projects are being undertaken in a number of centres to ensure the best approach to realising these objectives and ensuring that those residing in the direct provision system continue to be treated with respect and dignity.

RIA are also working on the development of standards for the provision and maintenance of services in accommodation centres, enhancing the complaints mechanisms for residents of those centres and the provision of ongoing diversity and equality training and awareness programmes across all centres.

In relation to legal advice, all applicants are provided with information in relation to the services of the Legal Aid Board once they have made their claim for asylum and have been admitted to the asylum process. Of course, some persons may prefer to access legal advice independent of the Legal Aid Board and they are free to do so. Accordingly, the establishment of legal clinics in centres does not arise.

Immigration Policy

Questions (46)

Thomas P. Broughan

Question:

46. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if she is examining other safe and legal channels of migration into Ireland such as humanitarian visas, academic sponsorship, private sponsorship and a humanitarian admission programme; the status of these examinations; and if she will make a statement on the matter. [33168/16]

View answer

Written answers

The Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 to focus Ireland’s response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa. Under this programme, the Government has pledged to accept a total of 4,000 persons into the State by the end of 2017, through a combination of the EU relocation mechanism established by two EU Council Decisions in 2015 to assist Italy and Greece, and the UNHCR-led refugee resettlement programme currently focused on resettling refugees from camps in Lebanon. Persons accepted here under these Programmes will also have an entitlement to family reunification, thereby further increasing the numbers accepted by Ireland.

Significant resources are currently being invested in these humanitarian efforts through the offices of the Irish Refugee Protection Programme, the Office of the Promotion of Migrant Integration and the Office of the Refugee Applications Commissioner. As a result we have developed mechanisms and associated expertise to deal with resettlement and relocation. Our response to the migrant crisis in terms of accepting refugees is through the IRPP and all available resources are being directed to that Programme in order to meet the commitment entered into and I have no plans, at this point, to introduce any additional admission programmes.

Direct Provision Data

Questions (47)

Ruth Coppinger

Question:

47. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality the number of second level students in the direct provision system; and the number of persons in the direct provision system that have completed second level education here. [33174/16]

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Written answers

The specific information requested by the Deputy in relation to the number of current second level students or the number who may have completed second level education while availing of State provided accommodation is not readily available. However at the end of October 2016, there were 163 children aged between 13 and 17 availing of accommodation provided by RIA. The education of these children is mainstreamed i.e. they may access free Primary and Post-Primary education and school transport in the same manner as the general population. Education in Ireland is compulsory from age 6 to 16 or until students have completed three years of second level (post-primary) education, whichever is the later date, under the Education (Welfare) Act, 2000.

Help-To-Buy Scheme Administration

Questions (48)

Fiona O'Loughlin

Question:

48. Deputy Fiona O'Loughlin asked the Minister for Finance his plans to assist first-time buyers by backdating the help-to-buy scheme to 1 January 2016; and if he will make a statement on the matter. [33090/16]

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Written answers

The commencement date for the Help to Buy scheme of 19 July 2016 was chosen as it was the date of the launch of 'Rebuilding Ireland - Action Plan for Housing and Homelessness', in which the development of such a scheme for inclusion in the Budget was initially announced. The intention to backdate this tax incentive to this date was announced at that time with a view to avoiding any potential interruption in house sales, by purchasers who may otherwise have deferred purchases, pending the commencement of the incentive.

There are currently no plans to extend eligibility for the scheme further back than the date of its initial announcement. To do so would consist entirely of deadweight, as individuals who signed contracts to purchase new homes or who drew down the first tranche of their mortgage in respect of a self-build home, in advance of the original announcement did not need the assistance of the State to fund the required deposit. Such individuals made their purchasing decisions on the basis of the information available to them at the time of purchase, and could not have expected a subsequently introduced tax relief to be available to them.

As with all time bound reliefs, there will always be those who just miss out on qualification. I do not intend to extend the parameters of this new measure any further as it would become less targeted and more costly.

Tax Code

Questions (49)

Catherine Murphy

Question:

49. Deputy Catherine Murphy asked the Minister for Finance the valuation the Revenue Commissioners have placed on the Mary Robinson presidential archive; and if he will make a statement on the matter. [33085/16]

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Written answers

Section 1003 of the Taxes Consolidation Act 1997 provides for the payment of tax by means of the donation of heritage items. The scheme provides that, where a heritage item is donated to an approved body, a tax credit equivalent to 80% of the market value of the item is available to the donor to be set against any arrears of tax from prior years, any current taxation liabilities, with any remaining balance being available to set against any future tax liabilities.

For the purpose of Section 1003, heritage item means any kind of cultural item including:

- any archaeological item, archive, book, estate record, manuscript and painting; and

- any collection of cultural items and any collection of such items in their setting, which is;

- an outstanding example of the type of item involved, pre-eminent in its class, whose export from the State would diminish the accumulated heritage of Ireland or whose import would enhance the accumulated heritage of Ireland; and

- suitable for acquisition by an approved body.

Determinations regarding donations are made by a selection committee consisting of:

- An officer of the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, who acts as Chairperson on the committee;

- The Chief Executive of the Heritage Council;

- The Director of the Arts Council;

- The Director of the National Archives;

- The Director of the National Gallery of Ireland;

- The Director of the National Library of Ireland;

- The Director of the Crawford Art Gallery Cork Limited;

- The Director of the National Museum of Ireland;

- The Director and Chief Executive of the Irish Museum of Modern Art.

Donations may be made to the following approved bodies:

- The National Archives

- The National Gallery of Ireland

- The National Library of Ireland

- The National Museum of Ireland

- The Crawford Art Gallery Cork Ltd

- The Irish Museum of Modern Art

- Any other body owned or funded by the State or by any public or local authority as may be approved, with the consent of the Minister for Finance, by the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs. 

Following a determination by the selection committee, section 1003 provides that the selection committee shall request Revenue to ascertain the market value of the donation. As part of this process Revenue may seek outside expert advice. I am informed by the Revenue Commissioners that for reasons of confidentiality, they cannot comment on the tax affairs of any individual and this includes valuations on potential donations. However, each year Revenue compile a list of heritage items which have been donated. This list shows the values of donated items and this information is included in Revenue's annual reports, which are published on the Revenue website.

Financial Services Ombudsman Data

Questions (50)

Pearse Doherty

Question:

50. Deputy Pearse Doherty asked the Minister for Finance the number of complaints to the Financial Services Ombudsman that were deemed to be inadmissible because of the six-year time limit in which complaints can be made for each of the past five years; and if he will make a statement on the matter. [33089/16]

View answer

Written answers

Firstly, I must point out that the Financial Services Ombudsman is independent in the performance of his statutory functions.

To answer the Deputy's question, the Financial Services Ombudsman's Bureau has provided the following information:-

Year

Complaints Closed

Complaints Closed due to 6 year rule

Percentage of Complaints Closed due to 6 year rule

2011

7464

283

4%

2012

7871

739

9%

2013

8639

1002

12%

2014

5878

608

10%

2015

4915

371

8%

Tax Yield

Questions (51)

Catherine Murphy

Question:

51. Deputy Catherine Murphy asked the Minister for Finance the cost to the Exchequer of section 23 tax relief given as a deduction from rental income each year since its inception in tabular form; and if he will make a statement on the matter. [33104/16]

View answer

Written answers

I am advised by Revenue that the annual cost to the Exchequer of Section 23 tax relief for 2004 to 2014, the latest year for which data are available, are included in their 'Costs of Tax Expenditures (Credits, Allowances and Reliefs)' table located on their web page at http://www.revenue.ie/en/about/statistics/tax-expenditures.html, the relevant row in the table is titled "Rented Residential Relief - Section 23".

The Section 23 tax costs show the estimated tax cost relating to the total allowable expenditure in respect of the claims made.  Under Section 23, the full amount of the relief must be deducted from the rental income of the particular property in the first year of letting, so the tax cost is shown by the year the claim was first made, despite the potential carry forward which applied to this measure.

The cost is shown for Income Tax cases only. It should be noted that for 2003 and earlier years, claims for incentive schemes on property were aggregated in tax returns with other claims and could not be distinguished from other reliefs available. Accordingly the Section 23 data for 2003 and earlier years are not available.

Insurance Costs

Questions (52)

James Lawless

Question:

52. Deputy James Lawless asked the Minister for Finance if his attention has been drawn to the soaring motor insurance costs for emigrants returning back to reside here; the efforts his Department is making to ease these costs; and if he will make a statement on the matter. [33109/16]

View answer

Written answers

As Minister for Finance, I am responsible for the development of the legal framework governing financial regulation but am prohibited from interfering in the provision or pricing of insurance products.  The EU framework for insurance expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing, or terms and conditions of an insurance product.  

However, this does not preclude the Government from introducing measures that may, in the longer term, lead to a better claims environment that could facilitate a reduction in claims costs. Consequently, I have established a Cost of Insurance Working Group chaired by Minister of State Eoghan Murphy T.D. The Working Group brings together all the relevant Departments and Offices involved with the process.  Its objective is to identify immediate and longer term measures which can address increasing costs, while bearing in mind the need to maintain a stable insurance sector.

The core areas being examined by the Working Group in the first phase are:

- The motor insurance sector generally, at present and in recent years;

- The effects of legal costs and litigation processes on insurance costs;

- The current claims compensation arrangements and the cost of claims;

- Insurance data and information;

- The impact of accident rates;

- The impact of unlawful activity on the insurance sector; and

- Other market issues.

A number of additional issues which impact on consumers and the business sector in relation to motor insurance are also being considered.  These include the issue motor insurance costs for emigrants returning back to reside here.

On 28 October, the Working Group provided the Minister for Finance with an update report setting out the recommendations emerging from its work to date.  During November and December, the Working Group will be developing an action plan to enable the relevant Government Departments and Offices to commence the implementation of agreed priority actions.

It may be of interest to the Deputy that a person, who is unable to obtain a quotation for motor insurance or who feels that the premium proposed or the terms are so excessive that it amounts to a refusal to give them motor insurance, can contact Insurance Ireland, 5 Harbourmaster Place, IFSC, Dublin 1, Telephone +353 1 6761820 quoting the Declined Cases Agreement.

Equality Proofing of Budgets

Questions (53)

Thomas P. Broughan

Question:

53. Deputy Thomas P. Broughan asked the Minister for Finance his plans to introduce a rigorous process of equality budgeting, whereby equality audits and assessments are carried out prior to a budget being decided upon and announced, in order that the potential impacts of any budget on certain groups, for example lone parents, can be assessed in advance and in order that there can be greater equality and transparency surrounding budget allocations; and if he will make a statement on the matter. [33117/16]

View answer

Written answers

The Programme for a Partnership Government contains a commitment to develop a process of budgetary and policy proofing as a means of advancing equality, reducing poverty and strengthening economic and social rights and, in this regard, my Department has already made process around the discussion on taxation policy.

For example, in 2016 as part of the reformed budgetary process, option papers were brought to the Tax Strategy Group (TSG) much earlier than was the case in previous years. Included in the 2016 TSG Income Tax & USC paper are details of the distributional burden of these tax proposals, an analysis of potential impacts upon different groups arising from a range of possible reform options and international comparisons.  The TSG papers were circulated to the Oireachtas Committees in July, well in advance of the Budget, facilitating the Committee's consideration of the distributional issues which arose. They were subsequently published on my Department's website.

A number of new innovations and improved features were included in this year's Budget documentation.  These included a description of the "Social Impact and Equality Analysis" in chapter five, of the Budget book, which sets out the stages in the budget process at which equality and distributional issues are explicitly addressed and outlines recent developments in these areas.

My Department, independently and in conjunction with other Departments also conducts a series of analyses to examine the distributional impact of possible Budget options and of the final Budget package.  These provide an evidence base on equality issues, which can be integrated alongside other budgetary considerations.

In addition, the Budget book contains a distributional analysis of budget measures on a variety of household types across a range of income levels.  Furthermore, the development of average effective tax rates and income tax progressivity issues are also considered in the accompanying material.

As the Deputy may be aware, the new Social Impact Assessment (SIA) framework, developed by the Department of Public Expenditure and Reform, in order to facilitate a more comprehensive assessment of budgetary policies on household living standards, is described in the 2017 Expenditure Report and accompanying papers. This new SIA framework will complement the existing Department of Social Protection SIA publication which focuses on the effect of income tax and welfare measures using the ESRI's SWITCH model. The new framework expands the assessment to consider the effects of expenditure on public services. The first of the new SIA papers, examining the General Medical Services Scheme and Targeted Childcare Scheme, also accompany the Expenditure Report.

Finally, I would like to reassure the Deputy that this Government takes consideration of equality issues very seriously. This starts with Cabinet procedures requiring a whole range of impacts to be covered in every decision proposed to Government. This ensures that the impact of policy proposals on gender equality, rural communities, North-South/East-West Relations, employment, persons experiencing or at risk of poverty or social exclusion, people with disabilities and industry costs are taken into account.

Property Tax Data

Questions (54)

Róisín Shortall

Question:

54. Deputy Róisín Shortall asked the Minister for Finance further to Parliamentary Question No. 62 of 26 October 2016, if he will provide a breakdown of the interest paid in the last full year for which figures are available by each of the same local authorities as set out in the reply [33172/16]

View answer

Written answers

I am advised by Revenue that as such interest payments are not separately identifiable on Revenue records, a breakdown of the interest paid as requested by the Deputy is not available.

Departmental Correspondence

Questions (55)

Micheál Martin

Question:

55. Deputy Micheál Martin asked the Minister for Education and Skills if he and his Department have received a communication from groups (details supplied) seeking assistance in respect of funding to complete support group archives and voice interviews with former residents to be established; if their request will be considered; and if he will make a statement on the matter. [33062/16]

View answer

Written answers

I can confirm that the group in question has been in contact with me seeking support with their archive material. As this is not an area that my Department funds, I will be referring them to a more appropriate organization to see if they can be of assistance.

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